Orono filming leads to dispute between landowner, municipality

Councillor apologizes for trespassing on property, taking pictures of set

Elva Reid

Ryan Pfeiffer / Metroland

CLARINGTON -- Elva Reid is the owner of the land used by a film company, Haunted Peak Inc., for an upcoming movie. During the filming a local councillor trespassed onto her land and took photos of the closed set without permission. June 10, 2014.

The filmmaking process and the wheels of local government have clashed in a dispute between an Orono landowner and the municipality.

When Elva Reid allowed film company Haunted Peaks Inc. to use her property for its new film, she thought she had her bases covered. She spoke with government departments and vetted the company before letting it film on her land. With world-famous director Guillermo del Toro attached to the project, Ms. Reid thought it would be a good thing for the community.

Instead she's been involved in a six-week conflict with the municipality because of the filming.

"At the end of my druthers at this point," said Ms. Reid.

In late April, after filming had ended, she received a letter from the municipality stating she had contravened the fill bylaw. At issue was a red clay powder put on the property during filming. Ms. Reid said it was the same kind used on baseball fields but the municipality wanted it removed following a neighbour's complaints.

Yet Ms. Reid claims the notice only said she'd violated the bylaw and not what she had to remove.

"I'm told to remove it but I'm not told what it is,” said Ms. Reid.

That began a six-week period where Ms. Reid claims to have sent letters and phoned several municipal employees and departments about the matter, without receiving any official notice of what the issue was. This led to her making a presentation to Clarington council on June 2.

"I wanted them to tell me what I had to remove or apologize to me," said Ms. Reid.

She did receive an apology at that meeting but not about the notice.

Councillor Wendy Partner apologized for having gone onto Ms. Reid's property without permission in late April to take photos of the film set erected there. She added she had apologized previously but did so again.

"I spoke to you and apologized for having gone onto your property without your permission. I acted in the way that I did because I was unaware of my authority as an elected official in the circumstances," said Coun. Partner, who added she felt she was doing the right thing after hearing concerns of local residents.

"In hindsight you're right, I should have asked for your permission and any photos I took I did destroy."

Ms. Reid said she hadn't received an apology before the meeting and, since the film set was closed, distributing pictures of it could harm the production.

"I don't think any councillor has the right to go on my property or even through my house," said Ms. Reid, who was frustrated at the confusion and slow response she thinks she received. "A person complained about the film company and they got an immediate response."

Following the council meeting, Ms. Reid received a letter stating the file on the matter had been closed but it left her with concerns her property would have a history or be red-flagged for any future buyers.

Len Creamer, manager of Municipal Law Enforcement in Clarington, confirmed Ms. Reid's file had been closed but disputed her claims she'd not been informed of what had to be removed. "She was informed in two separate meetings with staff," said Mr. Creamer. "She called our office and the investigating officer explained what it was about."

Mr. Creamer also said the matter was resolved because the powder had been removed from the property.

According to Franklin Wu, Clarington's chief administrative officer, no red flag would appear on the property's history.

"Bylaw charges do not go on property records," said Mr. Wu. "As long as there are no orders to comply, the file is closed.

"We just don't go around putting things willy nilly against a title of property."

According to Mayor Adrian Foster, the dispute is a good reason the municipality is looking into a filming policy for Clarington.

"It hasn't been a huge issue so far but it'll be a good thing going forward," said Mayor Foster.

He said cities such as Toronto already have such policies, clearly outlining what is expected from all parties involved in productions, and suggested Clarington can borrow from those.